Smt. Preeti Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57187 of 2022

Applicant :- Smt. Preeti Opposite Party :- State of U.P. Counsel for Applicant :- Km Preete Counsel for Opposite Party :- G.A.,Rajesh Singh Rathore

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Hon'ble Krishan Pahal,J.

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List has been revised. Learned counsel for the informant is not present.

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Heard Ms. Preete, learned counsel for the applicant as well as Shri R.M. Yadav, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No.119 of 2022, under Sections 306, 323, 504 and 406 I.P.C., Police Station Sayana, District Bulandshahr, during the pendency of trial.

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As per prosecution story, the husband of the applicant is stated to have committed suicide on the abetment of the applicant on 18.04.2022 peeved by the continued discord between the applicant and the deceased. The applicant is stated to have run away from the scene of occurrence with money and ornaments given as 'Stridhan'.

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Learned counsel for the applicant has stated that she has been falsely implicated in the present case as she has nothing to do with the said offence. The dispute between the member of the family is normal and it cannot be the reason to commit suicide. Learned counsel has further stated that no ingredient of Section 107 I.P.C. are not fulfilled as there is no instigation at the part of the applicant and there is no conspiracy or illegal omission either. Learned counsel has further stated that in the said video, the deceased has stated that he has committed suicide due to the said discord and behaviour of the applicant. Learned counsel has further stated that the only dispute amongst the parties was with respect to the place of residence which she wanted to shift to Delhi as they were residing at a town in District Bulandshahr. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 02.08.2022. In case, the

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applicant is released on bail, she will not misuse the liberty of bail.

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Per contra, learned A.G.A. has vehemently opposed the bail application and has stated that it is the applicant who is the main person who led the deceased person to commit suicide.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Smt. Preeti involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii). The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which she is suspected.

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(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 15.3.2023 Ravi Kant

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Smt. Preeti v. State of U.P.

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Smt. Preeti v. State of U.P.

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